Sant Ram appealed against bail rejection in a murder case under the SC/ST (PoA) Act. The High Court allowed the appeal and granted bail due to the appellant's critical medical condition requiring chemotherapy and radiotherapy.
Appellant displaced on bail on personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/017715]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 180/2023
Sant Ram S/o Sh. Madu Ram, Aged About 52 Years, B/c Jat, R/o Village Roop Nagar, Police Station Bhodhiwala, Tehsil And District Fazilka (Punjab) (Presently Lodged In Central Jail, Sri Ganganagar)
----Appellant
| Versus |
|---|
----Respondents
| For Appellant(s) | : Mr.PradeepShah. |
|---|---|
| For Respondent(s) | : Mr.S.S.Rajpurohit,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR JUDGMENT
26/05/2023
The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 20.1.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Sriganganagar in Cr. Case No.29/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.240/2022 registered at Police Station Padampur, District Sriganganagar, for offences under Sections 302, 201, 34 IPC and and Sections 3(2)(v), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
[2023/RJJD/017715]
[CRLAS-180/2023]
(2 of 3)
Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that the appellant has been arrested in the present case only on the basis of suspicion that he had killed the deceased Sukhraj Singh and thrown the dead body in the reservoir (water tank). Learned counsel submitted that there is no eye witness of the incident and the appellant has been arrested solely on the basis of circumstantial evidence.
Lastly, learned counsel submitted that the appellant is suffering from Ca Tonsil Cancer and therefore, he requires constant care and treatment of the doctors so also affection of his family members. To substantiate aforesaid contention, attention of the Court was drawn towards a report of the Medical Board constituted at Govt. District Hospital, Sriganganagar wherein Medical Board has clearly observed that the appellant is suffering from life threatening disease i.e. cancer and he requires chemo therapy and radio therapy on regular basis.
Learned counsel submitted that the appellant is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, keeping in view the medical condition of the appellant, the benefit of bail should be granted to the accused-appellant.
Per contra, learned Public Prosecutor opposed the appeal. However, he was not in a position to dispute the factum with regard to illness of the appellant.
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
[2023/RJJD/017715]
[CRLAS-180/2023]
(3 of 3)
Having considered the rival submissions, facts and
circumstances of the case so also the fact that the appellant is suffering from cancer and he requires regular treatment of chemo therapy and radio therapy, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellant on bail.
Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 20.1.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Sriganganagar in Cr. Case No.29/2023 is set aside and it is ordered that the accused-appellant- Sant Ram S/o Sh. Madu Ram shall be enlarged on bail in connection with FIR No.240/2022 registered at Police Station Padampur, District Sriganganagar, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of the instant appeal. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
/tarun goyal Sr.No.101
1 issue framed by the court
Whether the appellant suffering from life-threatening cancer should be enlarged on bail.
1 provisions across 1 enactments
Sant Ram S/o Sh. Madu Ram
State Of Rajasthan
Satnam Singh S/o Sh. Gurdeep Singh
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
